All drivers in PA (includes those from out-of-state) are required to submit to
blood alcohol content ('BAC') testing by breath, blood or urine when requested to do so by police. Failure to
do so will result in the suspension of their driving privileges for at
least 12 months. The PA Supreme Court, in O'Connell held as follows:

Accordingly, where an arrestee requests to speak to or call an attorney,
or anyone else, when requested to take a breathalyzer test, we insist
that in addition to telling an arrestee that his license will be suspended
for one year if he refuses to take a breathalyzer test, the police instruct
the arrestee that such rights are inapplicable to the breathalyzer test
and that the arrestee does not have the right to consult with an attorney
or anyone else prior to taking the test. An arrestee is entitled to this
information so that his choice to take a breathalyzer test can be knowing
and conscious and we believe that requiring the police to qualify the
extent of the right to counsel is neither onerous nor will it unnecessarily
delay the taking of the test.

Here, the Supreme Court is attempting to eliminate confusion when someone
is arrested and given their Miranda rights. Miranda rights do not apply
to a request to provide a BAC test. This is because under the implied
consent law, 75 Pa.C.S.A. Section 1547(a), all motorists have implicitly
consented to the testing of their blood or breath for the presence of
alcohol or a controlled substance to the extent it impacts their present
ability to drive or operate a motor vehicle.

The impact of the failure to properly provide a BAC test to police, either
a breathalyzer or blood test is severe. You may lose your license for
one (1) year in addition to any suspension received if convicted of DUI.
The loss may be up to 18 months if you have previously refused a BAC test.
You should always be cooperative with an officer's request to take
a BAC test.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.